Workers’ Compensation & Personal Injury Claims

When an on-duty worker is injured in an accident that was caused by someone who is not a co-worker, he or she may file a personal injury claim in addition to a workers’ compensation claim.

For example, if you were driving your work truck when a careless driver ran a red light resulting in an accident that caused you injury, you were not only injured while on-the-job, you were injured because of a non-coworker’s negligence—or failure to use reasonable care.

Why You Have Two Claims

If we use the example above, first, you must file a worker’s compensation claim with your employer because you were injured on-the-job. Second, you have a personal injury claim against the person who hurt you.

If you find yourself in this situation, and your injuries are minor, then you may not need a lawyer for either case. However, if your injuries are serious, or if you have sustained permanent injuries, then you will likely need a lawyer to help.

Why You Need Two Claims

When you have a workers’ compensation claim and a personal injury claim, your employer or its insurance company will have a legal interest in your personal injury case. They will want to reclaim some of the money from your personal injury settlement to pay for the medical bills, lost wages, and other expenses that they paid on your behalf through your workers’ compensation claim.

The amount of money you can recover for your personal injury claim directly corresponds to the amount of expenses that were covered by your workers’ compensation claim. You need to consider that whatever settlement is reached in one case will likely affect what happens in the other case.

How We Can Help

Cases that involve both workers’ compensation and personal injury claims can get complicated very quickly. As your North Carolina workers’ compensation lawyers and your personal injury lawyers, it’s our job to make sure that we handle both cases at the same time, so we can put you in the best possible position to resolve both cases.

We want to maximize your recovery, while minimizing what has to be paid to others. If you’ve suffered serious injuries on the job that were the result of a non-coworker’s carelessness, our North Carolina personal injury and workers’ compensation lawyers can help. Call Henson Fuerst right away at (919) 781-1107 or complete a free initial consultation form.